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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi, Last February I bought a Breitling watch from a highstreet

Resolved Question:

Hi,

Last February I bought a Breitling watch from a highstreet jewelers. In October last year it was returned faulty for repair under waranty. It was again returned in December last year and again this month. This time I have asked the retailer for a replacement given the number of times the watch has gone wrong however they are isisting on yet another repair.

Would you please advise am I entitled to a replacement and if so how do I go about it?

Kris
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

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Customer:

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Ben Jones :

When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002.


 


The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller. The only time action can be taken against the manufacturer is under a manufacturer's warranty or guarantee. There is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.


 


If the goods are not as described, of satisfactory quality or fit for purpose, you have the following rights:


 


1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within the first month after purchase, so must not be delayed.


 


2. Ask for a repair or replacement – if you are too late to reject the goods, you can ask the seller for a repair or replacement without causing any significant inconvenience.


 


 


As you are likely too late to reject the watch, your rights are now limited to getting a repair or replacement. Unfortunately the law does not specify which option the retailer should follow or whether you have a choice over the matter. It is generally accepted that they can attempt to repair it and if this appears unsuccessful a replacement should be considered. However, you cannot force them to do this – they could still insist on a repair and if you disagree then it would be for you to pursue the matter further, for example by making a claim in the county court to seek compensation.


 


So you can advise them that it is evident repairs are not proving successful and that in the circumstances it would be reasonable for you to ask for a replacement. You can quote the applicable laws and rules as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses.

Customer:

Thats great I'll give that a go.

Ben Jones :

You are welcome

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45301
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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